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Legal and Ethical Transparencies

Apr 10, 2018

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    LEGAL AND

    ETHICAL

    PRACTICES

    Law - rule of conduct or actionprescribed or formally recognized as

    binding or enforced by a controlling

    authority.

    Criminal Law - deals

    with offences against

    all citizens. Offendercan go to prison or

    jail.

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    TORTS

    Tort - from the French word wrong.

    It can be defined as a civil wrong

    committed against a person or property

    excluding breach of contract.

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    Malpractice - Interpreted as bad

    practice and includes providing

    improper or unprofessional treatmentor care that results in injury to the

    patient.

    TORTSTORTS

    Negligence - Person at fault failed to

    do what a reasonable and careful

    person would have done, or did what a

    reasonable and careful person would not

    have done. Also can be defined as

    failure to take reasonable precautions to

    protect others from the risk of harm.

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    Assault - any willful attempt or threat

    to injure another person with the

    apparent ability to do so.

    Battery - unlawful touching ofanother person without consent.

    Informed Consent

    The patient / client understands the

    reason for treatment.They understand:

    What will be done.

    Who will do it.

    How it will be done.Expected outcomes.

    Patient must also understand treatment

    alternatives and the consequences of

    not having treatment.

    TORTSTORTS

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    Invasion of Privacy

    Unnecessary exposure of an

    individual or revealing personalinformation about an individual

    without consent.

    False Imprisonment

    Restraining an individual or restricting

    an individuals freedom.

    TORTSTORTS

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    Defamation of Character - damaging

    a persons name and reputation by

    making public statements that are false

    and malicious.

    Libel - if the

    information releasedis written.

    Slander - if theinformation

    released is spoken.

    TORTSTORTS

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    Abuse

    Any care that results in physical harm,

    pain, or medical anguish. Abuse can be

    classified as:

    Physical - hitting, forcing

    persons against their will,

    restraining movements,depriving of food orH2O, or

    not providing physical care.

    Verbal- talking harshly, swearing

    or shouting, teasing, ridiculing,

    intimidating a person.

    TORTSTORTS

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    Abuse ( continued)

    Sexual - any unwanted sexual

    touching or act.

    ** Laws in all states require

    reporting of any form of

    abuse to proper authorities. **

    TORTSTORTS

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    CONTRACTS

    Contract is a

    voluntary agreement

    between two parties

    1. Offer - competent individual enters

    into a relationship with health care

    providers and offers to be a patient.

    2.Acceptance - health care provider

    gives an appointment or examines ortreats a patient.

    3. Consideration -payment made by

    patient for services provided.

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    Types of Contracts:

    1. Implied - gives rise to contractual

    obligations by some action or

    inaction without verballyexpressed terms.

    2. Expressed - actual agreement between

    the parties, the terms are stated in distinctand explicit language, either orally or in

    writing.

    All parties in a contract must be free

    oflegal disabilities. A person with

    legal disabilities does not have the

    legal capacity to form a contract.

    CONTRACTS

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    Minors - anyone

    under 18 or the age of

    majority, is called an

    infant under the law.

    Legal DisabilityLegal Disability

    Minors

    Mentally incompetent persons

    Individuals under the

    influence of drugs that

    alter the mental state

    Semi- or unconscious people

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    LAWOF THEAGENCY

    Agency is a personal relationship,

    created by the mutual consent of:

    TheAgent (employee) and the

    Principal (employer) wherein the

    employee acts on behalf of the

    principal while supervised by the

    principal.

    Agency may be expressedorimplied,

    but is usually implied in the medical

    office.

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    PRIVILEGED

    COMMUNICATION

    Covers all information given tohealth

    personnel by a patient.

    Physician - Patient Information cannot be told to

    anyone else without the written consent of the

    patient.

    Written consent should state:

    1.What information can be released.2.Who can get the information.

    3. Any time limits related to the release of

    information.

    Medical Information Exempt by Law1. Births and Deaths.2. Injuries caused by Violence. (abuse, etc.)

    3. Drug Abuse.

    4. Communicable Diseases.

    5. Sexually Transmitted Diseases.

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    HEALTH

    CARE

    RECORDS

    Contains information on the

    care that has been provided to the

    patient.

    Medical records belong to the health

    care provider but the patient has the

    right to obtain a copy.

    The medical record is a legal document

    and may be subpoenaed as evidence in

    court.

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    Errors must be corrected by drawing a

    single line through the mistake,writing in the correction, dating the

    change, and signing your initials.

    Records must be kept as required bystate law (2-7 years).

    When records are destroyed, they

    should be shredded or burned.

    Health Care Records

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    YOU BE THE

    JUDGE!!

    Dan, a medical office assistant in a busy

    clinic, is a sympathetic and understanding

    employee. Recently, when an elderly patient

    called the clinic complaining that she just

    felt awful most of the time. Dan consoled

    her. Dont worry,Mrs.. Smith, he told

    the women. Dr Jones willmake you feel better in no time.

    1. Has Dan, acting as Dr. Jones agent,

    created an implied contract with Mrs.

    Smith? Why or why not?2. If so, can Dr. Jones be sued by Mrs.

    Smith if he fails to fulfill the terms of the

    contract?Why or why not?

    3. How would you have responded toMrs.

    Smith?

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    PATIENTS BILL

    OF RIGHTS

    A patient has the right to:

    1. Considerate and respectful care

    2. Obtain complete, current information concerning

    diagnosis, treatment, and prognosis

    3. Receive information necessary to give informedconsent prior to the start of any procedure or

    treatment

    4. Refuse treatment to the extent permitted under law

    5. Privacy concerning a medical-care program

    6. Confidential treatment of all communications and

    records

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    PATIENTS BILL O

    RIGHTS (continued

    The patient has the right to;

    7. Reasonable response to a request for services

    8. Obtain information regarding any relationship of the

    hospital to other health care and educationalinstitutions

    9. Be advised of and have the right to refuse to

    participate in any research project

    10. Expect reasonable continuity of care

    11. Examine bills and receive and explanation of all

    charges

    12. Be informed of any hospital rules or regulations